Foster v. Nixon

Opinion by

Montgomery, J.,

This appeal is from the order of the court below opening a judgment by default in a trespass action. On July 3, 1959, Henry Founchious, while crossing a street in the City of Philadelphia, was struck by defendant’s automobile and sustained serious injuries. The following day, Founchious retained counsel to represent him, who wrote defendant on July 7, 1959, requesting him to stop at his office so that the matter might be adjusted. Defendant did nothing pursuant to this letter.

On July 17, 1959, at a hearing in the Philadelphia Traffic Court, defendant was found guilty…